SHYAMLAL SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application for grant of anticipatory bail for an offence under the Bihar Trade Articles (Licences Unification) Order, 1984. It has been alleged that food-stuffs were recovered from the house of the petitioner but he had no licence under the Bihar Trade Articles (Licences Unification) Order, 1984 to carry on trade and business. It is said that the place from where the food-stuffs were recovered is outside the municipal limit of a 'B' class city or 'C' class city. On the contrary, it is in a village. Therefore, one of the points, inter alia, is that no license is at all required to be taken for the stocks found from the petitioner's house. It may be stated here that the petitioner has denied the stock as belonging to him. In short, the contention is that the food-stuffs were admittedly found in village Fulhara, which is not a city. As such, the stock limit prescribed in Government Notification No. G. S. R. 49 dated 17th October, 1985 under Clause 3 of the Unification Order has no application. It is further contended that the said notification does not spell out 'A', 'B' and 'C' class cities. Therefore, there is effective definition with regard to wholesale and retail dealers, and, therefore, the Unification Order is unenforceable.

(2.) Unification Order defines "dealer" under Clauses 2 (e) as meaning a person, a firm, an association of persons etc., engaged in the business of purchase, sale or storage for sale of any trade article.........but it does not include an agriculturist, a manufacturer of sugar and hawkers engaged in the purchase and sale of non-controlled cloth. Clause 2 (p) of the Unification Order defines "retail dealer" as meaning a person engaged in the business of purchase, sale or storage of any article specified in Schedule 1 for purpose other than personal consumption within the storage limit fixed by the Government from time to time. Clause 2 (u) defines "wholesale dealer' as meaning a person engaged in the business of purchase, sale or storage of any article specified in Schedule I for purpose other than personal consumption within the storage limit fixed by Government from time to time. Clause 3 prohibits a dealer in carrying on business of purchase, sale or storage for sale of any of the trade Atricles mentioned in Schedule I except in accordance with the terms and conditions of a licence. But no such licence is required for a dealer who stores for sale at any time the trade articles, in quantities not exceeding the limits as may be prescribed by the State Government. Clause 4 deals with the issue of licence and Clause 5 speaks about its renewal.

(3.) In exercise of the powers conferred under section 3 of the Essential Commodities Act, the State Government has issued a Notification, being G. S. R. 49 dated the 17th October, 1985 with the prior concurrence of the Central Act fixing the stock limits of the trade articles. For wholesale of food-stuffs in 'B' class cities stock limit has been prescribed of different food-stuffs. Under Clause 14 of the said Notification 'B' class cities have been indicated.